Appellate

• Provided strategic guidance, research and drafting for an appellate brief on behalf of a Fortune 500 biotechnology company, in an ongoing employment discrimination case brought by a former employee. The case is currently pending in the Ninth Circuit Court of Appeals.
• Briefed, argued, and won before the Massachusetts Supreme Judicial Court a case of statutory first impression and constitutional dimensional concerning the interpretation of G. L. c. 123, § 12, which raised the question how long a patient in psychiatric distress may be cared for in an emergency department while waiting for a bed in an appropriate in-patient psychiatric facility.
• Provided strategic guidance, research and drafting for the Respondent’s Brief on behalf of a nationwide retailer before a California Court of Appeal, in a wrongful termination claim filed by a former employee. After submission of the Brief, the appeal was dismissed at the appellant’s request.
• Co-authored and supervised a team in researching and drafting an amicus brief submitted to the Massachusetts Supreme Judicial Court on behalf of the National Homelessness Law Center, in a case concerning the rights of people experiencing homelessness.
• Briefed and argued an appeal before the Massachusetts Appeals Court on behalf of a non-profit conservation organization. The lawsuit centered on a conservation restriction that was placed on waterfront property in Duxbury, MA
• Worked with a team to file an amicus brief in the case of County of Maui, Hawaii vs. Hawaii Wildlife Fund, (United States Supreme Court Case No. 18-260), a critical case concerning whether the federal Clean Water Act regulates discharges of pollutants into groundwater that then flows into navigable waters.
• Briefed and argued before the Massachusetts Supreme Judicial Court a case presenting the novel legal question whether a veteran would be considered indigent (and so entitled to a waiver or reduction of court fees and other costs) under the Indigent Court Costs Law, G. L. c. 261, §§ 27A-27G.

Securities and Complex Commercial Litigation

• Secured a motion to dismiss with prejudice on behalf of DBV Technologies in a class action filed in the US District court for New Jersey, alleging the company made false or misleading statements and failed to disclose sufficient manufacturing data on their key therapeutic treatment.
• Represented Advanced Auto Parts in a securities class action in the District of Delaware and successfully obtained dismissal of a related derivative action against its board of directors and certain senior executives.
• Successfully represented bondholders who owned a majority stake of bonds used to finance a continuing care retirement community, in a dispute with the debtor and Unsecured Creditors Committee connected to the property and its bankruptcy filing.
• Successfully opposed a motion for preliminary injunction in a case alleging trade secret misappropriation under federal and state law.
• Achieved a decisive arbitration victory on behalf of a supplier in a complex contractual dispute with an automobile manufacturer, resulting in an award of over $10M, plus attorneys’ fees and expert costs.
• Represented pharmaceutical company defendant in the Nexium antitrust MDL litigation, the first alleged “pay-for-delay” case to go to trial since the Supreme Court’s 2013 decision in FTC v. Actavis, resulting in a favorable settlement for Emily’s client.
• Part of team that secured no charge for government official in wide-ranging public corruption investigation.
• Represented Taiwanese creditor in complex civil RICO case in California federal court involving claims against 34 foreign and domestic defendants. The firm achieved a successful settlement of the case at the commencement of trial.